Possession of a Firearm by a Felon

When an individual is convicted of a felony offense, he or she may have to relinquish their Constitutional right to keep and bear arms. In Texas, it is a crime to possess a firearm if you have been recently convicted of a felony. Unlawful possession of a firearm by a felon carries heavy legal penalties.

The crime of possessing a firearm by a felon can result in felony charges. A felony charge can result in steep fines, possible incarceration, and a criminal record. If you or someone you know has been charged with a firearm offense, it is vital that you gain trusted legal representation. 

Attorneys for Possession of a Firearm by a Felon in Bexar County, Texas

Have you been previously convicted of a felony offense and were accused of possessing a firearm? Do not take this offense lightly. You must take the steps to formulate a your sturdy defense now. Contact the attorneys at Flanary Law Firm, PLLC. 

The attorneys at Flanary Law Firm, PLLC are experienced in representing those accused of unlawfully possessing a firearm. Our attorneys are passionate about criminal defense. We want to be your partner in these stormy legal waters. Get in contact with the attorneys at Flanary Law Firm, PLLC for skilled legal representation today.

Flanary Law Firm, PLLC defends those accused of firearm offenses throughout the greater Bexar County area including Gonzales County, Bandera County, Comal County, and Wilson County.

Call us at (210) 738-8383 to schedule a free consultation surrounding your charges today. 

Overview for Possession of a Firearm by a Felon in Texas


Elements for Unlawful Possession of a Firearm by a Felon in Texas

In Texas, it is illegal for some felons to possess or use a firearm. Texas Penal Code § 46.04 states a person can be charged with unlawful possession of a firearm if he or she possesses a firearm and:

  • Is a convicted felon and possess the firearm before the fifth anniversary of their release from confinement or after they are released from community supervision, parole, or mandatory supervision;
  • Has been convicted of domestic assault and posses the firearm before the fifth anniversary of their release from confinement or after they are released from community supervision, parole, or mandatory supervision;
  • Is an employee of the state, is under the order of a protective or restraining order and possesses a firearm before the order’s expiration date.

Penalties for Possession of a Firearm by a Felon in San Antonio, Texas

The penalty for unlawful possession of a firearm by a felon is dependent on the crime that was previously convicted. In Texas, if you were previously convicted of domestic assault and possess a firearm after release from confinement or community supervision, you will face a Class A misdemeanor.

Any person, who is an employee of the state, and is under the order of a protective injunction and owns a firearm, is committing a crime. He or she will also face a Class A misdemeanor if convicted of unlawfully possessing a firearm.

The maximum penalties for a Class A misdemeanor include: 

  • Up to 12 months in jail; and
  • Possible fine of up to $4,000.

If a person has been convicted of a felony offense and owns a firearm before the fifth anniversary of their confinement release, he or she will face a third-degree felony. This includes if the convicted felon owns a firearm after release from community supervision, parole, or mandatory supervision

The maximum penalties for a third-degree felony include: 

  • Up to 10 years in prison; and
  • Possible fine of up to $10,000. 

Possible Defenses for Unlawful Possession of a Firearm in Texas

You may assume to the Second Amendment is a defense to keep and bear arms. However, the United States Supreme Court has ruled that this right can be limited. Federal, state, and local laws can prohibit certain convicted felons from possessing or using firearms. However, there are other possible defenses you can implement. 

With a skilled attorney on your side, both of you can work in tandem to create a strong defense. The attorneys at Flanary Law Firm, PLLC can file motions to suppress incriminating evidence, and tell your side of the story. 

The following are some possible defenses that you may be able to use in court:

  • The alleged offender only possessed the firearm in a moment of necessary self-defense or took it from an individual who was committing a crime;
  • The alleged offender did not knowingly possess the firearm;
  • The firearm was discovered through an illegal search and seizure;
  • The evidence for the alleged offender owning the firearm is insufficient;
  • The Texas Board of Pardons and Paroles restored the alleged offender’s firearm rights

Additional Resources

Texas Board of Pardons and Paroles – Visit the official website for the Texas Board of Pardons and Paroles. Find more information surrounding how you can regain your right to possess a firearm. Gain access to the latest board news, answers to frequently asked questions, parole guidelines in Texas, and how to contact the Texas Board of Pardons and Paroles. 

Texas Weapons and Firearm Laws – Visit the official website for the Texas Penal Code. Gain access to Chapter 46, and learn more about weapons and firearm offenses in Texas. Find more information on unlawful possession of a firearm, unlawful transfer of weapons, and what weapons are considered prohibited in the state of Texas. 


Lawyers for Unlawful Possession of a Firearm by a Felon in Texas

If you or someone you know has been charged with unlawful possession of a firearm by a convicted felon in the Bexar County area, it is vital that you contact a skilled attorney. You have certain rights, even as a convicted felon. Stay silent with law enforcement and call the attorneys at Flanary Law Firm, PLLC.

The attorneys at Flanary Law Firm, PLLC understand the ins and outs of firearm offenses in Texas. We want to exhaust all possible resources to preserve your rights. Our attorneys are passionate about criminal defense. Find an attorney who puts you first. Call (210) 738-8383 to schedule a free consultation today. 

Flanary Law Firm, PLLC accepts clients throughout the greater San Antonio area including Canyon Lake, Boerne, Leon Valley, Kirby, Terrell Hills, and Live Oak.

Make the first steps to your defense today. Call us now at (210) 738-8383, or submit an online contact form for a free consultation surrounding your case.


This article was last updated on September 27, 2018.

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